Opinion
540 CA 22-00988
06-09-2023
TODD G. MONAHAN, LITTLE FALLS, FOR RESPONDENT-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (CHRISTOPHER LIBERATI-CONANT OF COUNSEL), FOR PETITIONER-RESPONDENT.
TODD G. MONAHAN, LITTLE FALLS, FOR RESPONDENT-APPELLANT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (CHRISTOPHER LIBERATI-CONANT OF COUNSEL), FOR PETITIONER-RESPONDENT.
PRESENT: SMITH, J.P., LINDLEY, CURRAN, BANNISTER, AND OGDEN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Respondent appeals from an order granting petitioner's application for authorization to administer medication to respondent over his objection. The order, inter alia, provided that "the [o]rder shall terminate" upon respondent's discharge from civil hospitalization. Because respondent has been discharged from civil hospitalization and transferred to a correctional facility, the order terminated by its own terms, rendering this appeal moot (see generally Matter of McGrath , 245 A.D.2d 1081, 1082, 667 N.Y.S.2d 550 [4th Dept. 1997] ), and this case does not fall within the exception to the mootness doctrine (see id. ; see generally Matter of Hearst Corp. v. Clyne , 50 N.Y.2d 707, 714-715, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ).